IPR issues in the patent era -
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21-Oct-2014 -
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Transcript of IPR issues in the patent era -
What does a Ph.D. teach you?
A lot of skills apart from science
Skills learnt
Search for information
Identify a problem
Propose a solution
Organize thoughts
Make a presentation
Manage people
Manage resources
Manage time
Company
Patent office FDA/DCGI
Consultancies Consumers/end users
Patent agent/attorney Regulatory affairs dept
Business consultant Scientific/medical writing
Where else can science be used?
Opportunities in Patent Law
An introductory talk for research students
CPMB
Harish Chandran Avaronnan, Ph.D.
Novozymes
What is a Patent?
A patent is a type of intellectual property
A product of the mind which has been reduced to practice
Patents can be obtained for product, process, machine, apparatus etc including improvements over existing inventions
Provided they are novel, non-obvious and useful
What are the implications of owning a patent?
A grant made by a government; that confers upon the creator of an invention, the right to exclude any other person from making, using, or selling the invention covered by the patent; for a set period of time, in exchange for a disclosure of an invention.
Patents are territorial. A patent obtained in one country cannot be enforced in another country.
A patent does not give the patentee a right to practice the invention.It only gives the right to prevent others from practicing the invention. One needs to make sure that one does not infringe other existing patents.
Patents have an expiry date
Patents can be challenged or opposed
Players in the patenting arena
Innovators
Patent Office
Government
Competitors
Courts
PAt/ PAy/ Self
PAt/PAyPAy
PAy
PAy
PAt: Patent Agent PAy: Patent Attorney
Patent agent
Has a technical degree
Passed the patent agent exam of the patent office
Can practice only before the patent office and not before a court
Cannot give validity or legal opinions
Patent Attorney
Has a technical and a law degree
Passed the patent agent exam of the patent office
Can practice both before the patent office and before a court
Can give validity and legal opinions
Territorial
Territorial
Examiner of Patents
Examines patent applications
Searches for prior art
Issues examination report and subsequent office actions
Reports to the Assistant Controller of Patents (in India)
Qualification: Post Graduate in science or a technical degree
On the job training. Need not be a patent agent.
Patent office
Territorial
Administrator/Officer/Executive/Manager/Vice president
Opportunity search/analysis
Patentability search/analysis
Drafting of patent applications
Prosecution of patent applications before the patent office
Follow up patent filings/life-cycle management
Validity search/analysis
Assisting attorneys with their analysis
Docketing and Formalities responsibility
Qualifications: Any degree and loads of experience!!!
Innovator
Global
Officer/Executive/Manager/Vice president
Infringement search/analysis
Coordinating with attorneys in opposing patent applications before the patent office
Helping attorneys in their analysis
Validity search/analysis
Assisting attorneys/business group during licensing
Qualification: any degree with loads of experience!!!
Competitor
Global
Paralegal/Technical specialist/Patent agent/Patent attorney
Patent docketing
Patent drafting
Patent prosecution
Patent litigation
Patent licensing
Legal opinions
Qualification: Any technical and/or law degree
Law Firm
Territorial
Knowledge/Legal Process Outsourcing
Patent searcher/Patent analyst/Team leader/Boss!!!
Patent docketing
Patentability search/analysis
Validity search/analysis
Infringement search/analysis
Patent drafting
Assisting attorneys in their opinions
Qualifications: Any technical degree
Global
How does one get in?
Be technically competent
Join the Patent Office
Join industry as a researcher
Demonstrate an interest in patent law
Join the IP team Join a law firm
Work and network hard
Career in Patent law
Do you have it in you?
Interest in all developments happening in science/biology
A lot of reading and analysis of literature
No bench work!!!
Explain scientific concepts to lay people
Interest in the legal aspects of science and language
“Business in Science” and “Science in Business”
Where to find more information?
Search “science career forum”http://scforum.aaas.org/
Search “intellectual property law forum”http://www.intelproplaw.com/
Search “chronicle of higher education”http://chronicle.com/
Katrathu Kaimann Alavu
Kallaathathu Ulagalavu
Thank you